To ensure you are ready if an auditor comes knocking, critically assess your policies and procedures and update them if necessary, says Ericka Adler, a health law attorney at Kamensky Rubinstein Hochman & Delott, LLP, based in Lincolnwood, Ill. "I think one of the most important things is that a lot of practices did what they were supposed to do [when the laws first came out] in terms of getting their policy together and getting their forms out there, and they haven't talked about HIPAA since," she says, noting that some of the laws have changed and practices need to alter their policies accordingly.
In addition, practices must have an active program in terms of training staff on the privacy and security rules, tracking patient record requests, HIPAA violations, etc. "HIPAA needs to be a living breathing part of a practice and not a policy that sits on a shelf so the practice can say they have a policy," says Adler.

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But one initial training session is not sufficient, says Adler.
"I recommend to my clients that you make this an annual event because it just fades into the background unless [HIPAA compliance] is something that's repeated to employees all the time," she says.

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"Discipline really gets people paying attention," says Adler, noting that practices must make it clear what consequences staff will face for HIPAA violations, such as leaving a file out in the exam room.
"People need to know whether it's a warning in their files, or it's a reprimand, or it's termination because time after time they're not
compliant," she says.

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Stay updated regarding HIPAA by monitoring any relevant cases that arise and following any related news coverage, says Adler.
And when relevant news comes out, share it with staff members to keep HIPAA at the forefront of their minds.
"I ... like to see the kinds of things that are getting practices investigated to make sure those aren't things that we are doing in our practices," she says.

Ericka L. Adler is a partner at the firm of Kamensky Rubinstein Hochman & Delott, LLP.Her primary practice focus is in the areas of regulatory and transactional health care law and she has substantial experience structuring sophisticated health care ventures and advising clients regarding compliance with federal and state health care laws and regulations.
Ms. Adler handles day-to-day legal concerns that impact her health care clients as well as federal audits, fraud investigations and licensure issues.
Ms. Adler lectures physicians, hospitals and other providers nationally regarding regulatory health care issues and has published articles in national publications on a variety of topics impacting physicians and other health care providers.
Recent publications include: "Physician Shared Diagnostic Facilities - A Practical Guide to Formation and Regulatory Requirements" in AHLA's Physician Organizations publication (September 2011) and "Mishandled Proficiency Testing: Dire Consequences For CLIA Laboratories" in CCH's Health Care Compliance Newsletter (August 2012).
Ms. Adler was voted a Rising Star in the area of healthcare law by SuperLawyer Magazine in 2009, 2010 and 2011.

Admissions Information
Ms. Adler has been admitted to practice law in the state of Illinois; she has also been admitted before the United States District Court for the Northern District of Illinois.

Bar Association and Other Memberships
Ms. Adler is a member of the Chicago and Illinois State Bar Associations, the American Health Lawyers Association and served a four year term as Director on the Illinois Association of Healthcare Attorneys.Ms. Adler is currently a member of the DePaul College of Law Health Law Institute Advisory Board and serves on the Wolter Kluwer Advisory board for Health Care.She is also a vice-chair of the ABA Health Law Section's Web and Technology Committee.

Educational Background
Ms. Adler received her law degree and Certificate in Health Law in 1996 & her LL.M. in Health Law in 1997 from the Health Law Institute at the DePaul University College of Law, where she also served as the Managing Editor of the DePaul Journal of Health Care Law.She received her B.S. degree, magna cum laude, in Biopsychology, from Skidmore College in 1993.

Ms. Adler has a weekly blog where she addresses legal and management issues facing physician practices at www.physicianspractice.com.